Allowed

Sri Anil Ramnani v. Sri Ramesh S Ramnane

Karnataka HC19 Dec 2024WP/33548/2024

Case brief

AI extract

What is this about?

Defendants in a partition suit challenged rejection of their application to recall the order holding they had no evidence. Both sides agreed an opportunity could be given subject to no delay. The writ petition was allowed, impugned order set aside, and defendants directed to adduce evidence on the next date.

What did the court decide?

Impugned order set aside; application allowed; defendants to adduce evidence on 04.01.2025; suit to be disposed within six months.

Sri Anil Ramnani Vs Sri Ramesh S Ramnane — Partition | Karnataka HC (2024)

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1 - NC: 2024:KHC:52671 WP No. 33548 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 19^TH DAY OF DECEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE R. NATARAJ WRIT PETITION NO. 33548 OF 2024 (GM-CPC)

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BETWEEN:

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SRI ANIL RAMNANI, S/O LATE SRI. S W RAMNANI, AGED ABOUT 81 YEARS, RESIDING AT RAMNIVAS, NO. 30, NANJAPPA ROAD CROSS, SHANTHINAGAR, BANGALORE - 560 027.

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SRI. ARUN KUMAR RAMNANI S/O LATE SRI. S W RAMNANI, AGED ABOUT 77 YEARS, RESIDING AT RAMNIVAS, NO. 30, NANJAPPA ROAD CROSS, SHANTHINAGAR, BANGALORE - 560 027.

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Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA

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(BY SRI. BADRI VISHAL., ADVOCATE)

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AND:

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…PETITIONERS

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SRI RAMESH S RAMNANE, S/O LATE SRI. S W RAMNANI, AGED ABOUT 79 YEARS, RESIDING AT FLAT NO. B2/5, SREE ANNAPOORNA APARTMENTS, SAI BABA COLONY, COIMBATORE - 641 011.

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2 - NC: 2024:KHC:52671 WP No. 33548 of 2024

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SMT. BHARATHI UTTAMCHANDINI, D/O LATE S W RAMNANI, AGED ABOUT 73 YEARS,

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SMT. GITA NIHALANI D/O LATE S W RAMNANI, AGED ABOUT 71 YEARS,

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BOTH 3^RD AND 4^TH RESPONDENTS RESIDING AT: NO. 30, NANJAPPA ROAD CROSS, SHANTHINAGAR, BANGALORE 560 027.

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…RESPONDENTS

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(BY SRI V. B. RAVISHANKAR, ADVOCATE FOR R1; VIDE ORDER DATED 10.12.2024, NOTICE TO R2 AND R3 IS DISPENSED WITH.)

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THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER DTD. 06.12.2024 (ANNX-A) PASSED BY THE HONBLE XLIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU IN O.S.NO. 230/2009 AND ETC.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R. NATARAJ

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ORAL ORDER

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The defendant Nos.1 and 2 in O.S No.230/2009 on the file of XLIII Addl. City Civil and Sessions Judge, Bengaluru, are before this Court challenging an order dated 06.12.2024, by

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3 - NC: 2024:KHC:52671 WP No. 33548 of 2024

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which an application filed by them to lead evidence was rejected.

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The suit in O.S No.230/2009 was filed for partition and separate possession. The defendant Nos.1 and 2 contested the suit, following which, the Trial Court framed issues and set down the case for trial. The plaintiffs examined their respective witnesses and the case was posted for evidence of the defendants. However, the defendants failed to adduce their evidence following which the Trial Court held that the defendants have no evidence. Later, the defendants filed an application to recall the order dated 29.10.2024 and permit them to lead evidence. The said application was rejected on the ground that the defendants were not diligent and did not take the advantage of the opportunities granted to lead evidence. Being aggrieved by the said order, the defendants are before this Court.

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Learned counsel for the defendants submitted that

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due to reasons beyond the control of the defendants, they could not lead evidence. However, he undertakes to lead evidence before the Trial Court on next date without fail and

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NC: 2024:KHC:52671 WP No. 33548 of 2024

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also undertakes to keep the witness present for crossexamination by the plaintiffs. Learned counsel for the plaintiffs fairly submitted that an opportunity be granted to the defendants to lead evidence subject to the condition that they shall not protract the proceedings before the Trial Court.

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In view of the above, this writ petition is allowed. The impugned order passed by the Trial Court is set aside. The application filed by the defendants is allowed. The defendants shall adduce the evidence before the Trial Court on 04.01.2025 without fail and also make the witnesses available for crossexamination by the plaintiffs.

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Since the suit is filed in the year 2009, the Trial Court is requested to dispose off the suit as early as possible at any rate within a period of six months from the date of receipt

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of a certified copy of this order.

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Sd/(R. NATARAJ) JUDGE

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THM/List No.: 1 Sl No.: 35

Sri Anil Ramnani v. Sri Ramesh S Ramnane

Case brief

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Sri Anil Ramnani v. Sri Ramesh S Ramnane

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